Cannabis in the Workplace: Lessons Learned Sponsored by:
Andrew Freedman Dr. Melissa Snider-Adler Neil Tidsbury Holly Hale Session Overview: 20-Minute address 30-Minute Q&A
Andrew Freedman Co-Founder & Senior Director Freedman & Koski
Data on Marijuana Legalization Petroleum Safety Conference Andrew Freedman: Former Director of Marijuana Coordination, Partner at Freedman & Koski, Inc.
Number of reported marijuana exposures Marijuana Exposure Calls to Poison Center, by Age Group of Case, 2000-2016 250 25 years and older 225 18-24 years old 9-17 years old 200 0-8 years old Unknown 78 175 90 73 150 125 100 75 50 25 0 25 31 34 35 35 63 30 23 42 26 42 22 21 14 18 12 17 15 18 17 20 16 36 13 10 22 18 19 7 19 10 30 43 48 19 18 18 23 40 19 16 21 17 7 29 26 8 16 15 16 6 7 3 19 16 27 13 11 4 10 8 12 4 15 4 4 6 5 10 7 8 12 3 2 7 11 16 15 4 7 11 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Medical Marijuana Legalized Medical Commercialized Retail Commercialized Produced by: Colorado Department of Public Health & Environment, Environmental Epidemiology, Occupational Health and Toxicology Branch (2016). Data Source: National Poison Data System (NPDS) closed, human, marijuana exposure calls in Colorado from 2000 to 2016, n=1,578.
Fatalities on Colorado Roadways
Dr. Melissa Snider-Adler Chief Medical Review Officer DriverCheck
CANADIAN CANNABIS CRAZE (AND CONUNDRUM) Dr. Melissa Snider-Adler Chief Medical Review Officer DriverCheck Inc.
WHAT IS CANNABIS? Anything derived from cannabis plant Over 100+ different cannabinoids Delta-9-tetrahydrocannabinol = THC Cannabidiol = CBD Influences Endocannabinoid system (CB1, CB2) o o o o Appetite Mood Memory Pain sensation
CANNABIDIOL - CBD Not itself psychoactive Available in an OIL form Presence of THC in ALL AVAILABLE Will still test positive Low THC so less impairing but cannot state NO IMPAIRMENT OFTEN PURCHASED FROM DISPENSARY OR ILLEGALLY ON LINE no quality control
2017 marijuana stats 23% Full time/part-time workers use cannabis 39% Driven under the influence of cannabis (within 2 hrs) 39% Passenger with driver under influence of cannabis (within 2 hrs) 21.5% Used cannabis to get high before or at work (last year) 7.7% Use cannabis to get high before or at work weekly or daily Canadian Cannabis Survey 2017 9215 respondents telephone and then survey through mobile phones
How does marijuana impair? Euphoria and relaxation Time distortion Difficulty with divided attention Cognitive impairments memory & learning
3 TYPES OF IMPAIRMENT Effects After-effects/residual Withdrawals
Safety Summary Cannabis use prior to driving increases the risk of being involved in a motor vehicle accident - substantial evidence of a statistical association The Health Effects of Cannabis and Cannabinoids: The Current State of Evidence and Recommendations for Research Washington (DC): National Academies Press (US); 2017 Jan 12 Doubles car crash risk
LEGAL CANNABIS IN THE WORKPLACE ACMPR medical marijuana Recreational cannabis Legal in? JULY 2018
DRUG TESTING A PIECE OF THE PUZZLE
BOTTOM LINE Just because it s legal, authorized or prescribed does not mean it s safe Don t let privacy and human rights override employee and public safety An evolving science with new information every day
Neil Tidsbury President Construction Labour Relations Alberta
Legalized Recreational Marijuana: Policy Implications R. Neil Tidsbury
Model Policy No available, accepted, reliable tools or protocols for measuring impairment A few promising developments Left with no other option: Focus on Risk Persons with 15 ng/ml of Urine or 2 ng/ml of oral fluids present unacceptable risk at the workplace
COAA & Energy Safety Canada Canadian Model for Providing a Safe Workplace v.6 Consensus on Risk-Based Work Rule: Reporting to or Being at a Safety Sensitive Workplace with drug levels beyond specified cut-offs presents unacceptable risk and is prohibited Does not matter why the drug is there Does not matter when use is claimed to have occurred
COAA & Energy Safety Canada Canadian Model for Providing a Safe Workplace v.6 At work possession, use or sale prohibited At work possession of tampering products prohibited; tampering prohibited At work while unfit because of use prohibited Refusal to confirm compliance prohibited Refusal to comply with request for test prohibited
What Employers Need To Do Establish clear, comprehensive policy Unequivocal work rules, consistently enforced Focus on risk identification, mitigation Not impairment Specify where, when and to whom policy applies Specify grounds, purposes for testing
What Employers Need To Do Inform, train every person for role Contract, instruct & manage service providers Ensure availability of assessments, counseling, treatment, supports Rely on experts, acting within fields of expertise Attend to details, no shortcuts Models are available to borrow from
Extreme Challenge for Employers Reliable consensus information? Education and Awareness Observations Interventions Responses Controversies
Holly Hale Corporate Counsel Syncrude
CANNABIS IN THE WORKPLACE PETROLEUM SAFETY CONFERENCE May 1, 2018
PSC 2018: Cannabis in the Workplace SYNCRUDE PROJECT o Syncrude is committed to protecting and promoting the safety and well-being of our employees, our contractors, our communities, and our environment 39
PSC 2018: Cannabis in the Workplace RISK-BASED V. IMPAIRMENT MODEL o Errors in cognitive functions Including: judgment, decision making ability, response time, and inattention to hazards o Risk-based management model Testing occurs based on established limits known to have deficits in performance Captures beyond acute impairment phase DOT standard Urinalysis testing for THC at 15 ng/ml Syncrude established case law over last two decades AB (Human Rights and Citizenship Commission) v. Kellogg Brown & Root (Canada) Company, 2007 ABCA 426 40
PSC 2018: Cannabis in the Workplace RISK-BASED V. IMPAIRMENT MODEL IMPAIRMENT 41
PSC 2018: Cannabis in the Workplace RISK-BASED V. IMPAIRMENT MODEL Privacy and human rights legislation OH&S legislation 42
PSC 2018: Cannabis in the Workplace WORKPLACE PROCEDURES SCENARIO 1 Test result = Negative drug test and/or BAC < 0.02% HC to conduct fit for work test If not pass, send EE home; next shift, EE must clear through HC prior to RTW If pass, send EE back to work SCENARIO 2 Test result BAC.02 -.04 Send EE home Next shift EE must clear through HC prior to RTW Legend: EE Employee HC Health Center RTW Return to work BAC Blood alcohol concentration 43
PSC 2018: Cannabis in the Workplace WORKPLACE PROCEDURES SCENARIO 3 Test result = BAC>.04% EE sent home with pay EE sent for A&D assessment Dependency: No Case Management meeting held (manager, leader, HR, law) to determine next steps* Dependency: Yes EE sent to Syncrude paid treatment** SCENARIO 4 Test result = non-negative drug test EE sent home with pay, pending final results Final lab results = negative; EE needs to clear through HC prior to RTW Final lab results = positive; CMO reviews results; seeks medical info, if applicable EE sent for A&D assessment Dependency: No Dependency: Yes Case Management meeting held (manager. leader, HR, law) to determine next steps* EE sent to Syncrude paid treatment** Legend: EE Employee HC Health Center RTW return to work CMO Chief Medical Officer BAC Blood alcohol concentration 44
PSC 2018: Cannabis in the Workplace EE DISCLOSURES A MEDICAL MARIJUANA AUTHORIZATION CMO discuss with EE: the impact of marijuana on EE s ability to work and Syncrude s commitment to safety; encourages EE to cease/avoid using medical marijuana EE commits to not use medical marijuana, EE needs to clear through HC prior to RTW EE refuses to cease/avoid using medical marijuana CMO to contact EE s doctor; explain to EE s doctor the nature of Syncrude operations, the EE s work duties, and A&D policy Doctor prescribes different medication; EE agrees Doctor refuses to change prescription or EE refuses to accept different medication EE must clear through HC prior to returning to work Send EE for an IME to determine whether medical marijuana can assist with the EE s condition IME results: medical marijuana will not assist EE s condition Medical marijuana deemed to assist EE EE must return to work; must clear through HC prior to RTW** Accommodation decision Legend: EE Employee HC Health Center RTW Return to work CMO Chief Medical Officer 45
PSC 2018: Cannabis in the Workplace LEGALIZATION IMPLICATIONS o Syncrude s approach to legalization Syncrude s approach to ensuring the safety and well-being of all employees and contractors, as well as protecting the environment, on all Syncrude sites remains the same Employees continue to be responsible for monitoring their own compliance with Syncrude s A&D policy Cannabis and paraphernalia will continue to be banned on site Aligns with Syncrude s position on alcohol Key objectives: Communication Training Management onboarding/approval 46
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